Tamil Nadu, August 26th, 2012 : People practicing a
particular religion, be it Hinduism, Christianity or Islam, cannot be prevented
from assembling in a dwelling place for conducting prayers and there is no
necessity for them to obtain prior permission from any authority, the Madras
High Court Bench here has held.

Justice S. Manikumar passed the ruling while disposing of a
writ petition filed by a Pentecost Christian of Colachel in Kanyakumari
district to forbear the police and the district administration from initiating
any action aimed at preventing him from conducting prayer meetings in his
house. The judge, however, clarified that if such prayers led to public
nuisance such as noise pollution, then it would always be open to the
authorities to take necessary action under the provisions of the relevant
statutes such as the Noise Pollution (Regulation and Control) Rules, 2000.

Further, such action could be taken only after the
authorities, on the basis of concrete evidence, arrive at a subjective
satisfaction that there had been an infringement of the right of other
residents around the dwelling place and therefore they have to step in to
maintain public order.

Recording the petitioner’s submission that the police and revenue
officials were interfering with the prayers conducted in his house following
complaints by neighbours, the judge said that frivolous complaints to restrict
the freedom to practice and profess any religion should not be entertained.

As long as the petitioner or the members of his family and
others did not indulge in any activity forbidden under law or their actions
were not contrary to public order, morality and health or such other
restrictions, there could not be any interference with his right to religion,
he added. “Nobody shuns a doctor or other nursing staff, who cleans up a
patient in a hospital, on the grounds of caste, creed or religion. Differences
though exist, nobody would ever think of it. Blood transfused in a hospital is
not segregated on the basis of caste, creed or religion.

“Nor the person who requires blood would ever demand it only
from a person belonging to his caste, community, creed or religion. If for his
survival and existence, a person can consciously believe and accept that all
are equal, irrespective of caste, creed, community or religion, then why this
hatred and division,” the judge wondered.

He went on to state: “Organs are transplanted. Blood and
body have no religion or caste. When the blood and organs of a Hindu can save a
Muslim or vice-versa and even a Christian, then why this intolerance?”